SUPREME COURT.

Taranaki Daily News, Volume L, Issue 59, 19 March 1907, Page 3

SUPREME COURT.

-\KW. PIAHOI'TU, .MONDAY, IJAIiCU IStli. (Before His Honor, Jlv Justice Cooper). The Supreme Court sessions opened 011 Monday morning, GRAND JURY. The following Grand Jury -was sworn, Mr Hugli Baily being chosen foreman: Messr,s T. Avery, Hugh Uaiiy, O. E; Baker, Walter Bewley, J. Brokenshire, H. R. Cattley, A. L. Cooker, Win. Cutfield, F. W. i'agan, W. Fraser, E. W. Garner, Ilal. Goodacre, H. Gray, A. H. Kendall, G. Livingstone, (J. Kiddell, 11. F. Russell, G. Taylor. H. Ward, A. E. Watkius, and E. Whittle. UIS HONOR',S CHARGE. j His Honor, addressing the Graml) j Jury, said there were seven clnrgcs ugaiiisi six persons, hut Jie did not think any of the ease* would -rive the jury any great trouble. The fir»t ease j was tii.it of false pretences iijiain-l a 1 man who obtained a sum of money by a cheque which he represented to be a ! good cheque, and which turned otu to be of no value. If the facts as alleged were proved, then there was certainly a ease to go before the common jury. A man named Hallnioud was indicted on two charges, the theft of a horse and with breaking and entering and theft of a gun. With regard to the horse it was sufficient for the grand jury to find that the horse, the property of another person, was stolen, and found in the recent possession of the person charged. It was fot the accused to establish hise Tight , of possession. On the charge of breaking and entering there would be adduced evidence of the actual theft and probably of an admission by accused that he had stolen 'the gun. In that event, a true bill must be returned. A man

named Power was charged with the » theft of money from another in a pub-lie-house. If the Grand Jury was satisfied from the evidence 'that the accused did put his hand in another man's pocket, or interfere with him in any way that might reasonably lead to the inference that he had stolen the money, then the Grand Jury would be justified in returning.ll true bill. A man named James had to answer a charge of attempting to carnally know a little gir' and a further; charge of indecent assault. These teally amounted to one charge. If the Grand Jury thought that there had been any improper interference with the little girl then they would be justified in returning a true bill. But if they considered the evidence fell short of an actual attempt to have intercourse with the child they might limit their finding to indecent assault. But if thef facts adduced at) the S.M. Court Bitting were proved there could be little doubt in the minds of the jurors. His Honor remarked on the frequency of these cases. He had not presided, he thought, over one sitting of the Supreme Court in the past six years where there was not one or more charges of; this nature. It was( a remarkable thing that men would interfere Indecently with little gills. In this case a nun of full age was alleged to have committed gross acts of indecency on two poor iittl# girls, one five years old, and the other six. Apart from the evidence of these children, need not be on oath, there would be the evidence #i Independent adult witnesso as to the conduct and the interference w-th the children. If the Grand Jury thought that the improper Interference was such as to lead, repulsive as it might be, to the belief that the prisoner had intended to have intercourse with one or other of the children they should return a true bill on the major count. A man named Fontanels, a porter at a hotel in Eltham, was charged with the theft of money. The evidence showed that the licensee, on retiring, locked in the safe notes, coin and cheques to the value of about £BO. • Next morning £4O in single bank notes, and some silver were missing, the safe having been opened. Cheque? were lying about the floor of the room in which ,-v, the safe was. Among the undisputed facts was that the porter was seen about the place early in the morning With nthe trousers of the licensee, anJi ; that the licensee had placed the keys in his trousers pockets or. retiring to rest. The porter was not suspected at first, but later in 'the day Irs room was searched, and at the bottom of his box was found a roll of forty single bank notes, exactly the number Eost from the safe. The defence was that this money belonged to the accused himself, and on him lay the onus of proving how he, a hotel porter, came to be in possession of so large a sum of money, ~ equivalent to the notes stolen the night ( before or early that morning. If these facts were proved to the satisfaction of 'the Grand Jury then they woultj . send the case before the common jury. Another case of a somewhat extraordinary nature, was brought under section 188 of the Criminal Code, a man being accused of doing an indecent aet with the intention of thereby insulting or offending another person. This man seemed to be accustomed to exhibit himself naked at the back door of his house in the early morning—it was suggested that he was taking a sun bath. This had been offensive to adult parsons., Men had seen it,.and on two occasions the offence had been committed before a girl of 18 years. It did not matter whether the act was deliberately intended to insult that person. If a man denuded himself of his clothing and stood in. an indecent attitude, and some person was offended thereby, the law imposed on him the natural intention of so offending. In this case the accused was seen in this state by men, and what was worse, by a respectable girl of 18 years, whose modesty, of course, was shocked. She had seen him twice, standing at the door, without a stitch of clothing upon him. If these facts were presented to the Grand Jury, then the accused should be compelled to explan his conduct before a common ]ur>, and a true bill should be returned. The Grand Jury retired.

TRUE BILLS. Irue bilk were ieturned in the charges: Harold Bay, false pretences; Fred Fontenalla, theft; Will. Hallmond, l Sti r theft of a horse, and breaking and.entering and theft ot a gun; David James, attempting to carnally know and indecent assault; Henry JValten, indjtCnCy' A CHARGE DISMISSED. James Power was charged with lining, on 21st November last, at Ilaweni, stolen three bank notes to the value ot three pounds, from the person of llobert Douglas I'hc Grand Jury threw out the bill, and the accused was discharged. FALSE PRETENCES. Harold Bay, a middle-aged man, was char-ed with liaving! on l&h August last °at Ilawera. obtained by false pretences from Robert K. Hutchison, the eiuu of one pound sterling, and witu having obtained a similar sum from the same person on the following day. The accused pleaded "guilty." His Honor having vead itlie prisoner * statement, said! he did not inteiil to treat him as a* habitual criminal, although he had that power. Xue prisoner had been before the Court mi lne previous occasions, on charge, ot la be Lritcnces, and his Honor doubted it there was very much chance of tion. He would pass thy .same. .. tence as on the last appearance oi the accused at Wellington, miro. >, U years' imprisonment with hard i. each charge, the sentences to tan con currently. ' ALLEGED JHEII.

Fveil l-'onUne!Li was charged, w 1 1 theft, at KKluui, of £4l 10s, tile pioperty of Robert 11. Campbell: Mr Crump, (or the as.kei that the case be set down for i'uesda}' morning. He had on Saturday received a telegram volunteering the mnl'onai evidence of two persons. 'I hey now on their way to New Plymouth 1| > the Kotoiti from Wellington, and coiiid not arrive until 10.30 on Tuesday morning. In answer to his Honor, r Crump said he was instructed that s these men would not confine the r eviKf tlence to character, but \vould sjx-.ik as to facts. 'lhe Crown Prosecutor, Mr Kerr, pointed out the inconvenience to [lie witnesses now in attendance if an adjournment were granted. His Honor said he did not feel juslfied in shutting out any evidence as !o the facts, but would have refused an adjournment if the witnesses had been k> required to apeak as to character only, je-,■ The case would be taken at 10 o'clock jfe on Tuesday morning. t>Ut on'bail, his Hosflr

accused was committed to prison for the day.

A YOrTimX Ol'l-'EXUKIi. \\iil:am Alfred llalimoml, a mere 1.i.l ,n appearance Jli yfills of siji.., wiair"lS M. I'iitrick's l).iv favors in Hie lupol of hU toiit, appeared to answer t\v t-iiiir.ucs; lir.st, that on oth Xovemliei i 00(i, at Okato, ho stolo a bay gelding tilt' pioperly of 0111? Ilori Whataiivi ami, .secondly, that on 14th Novemliei WW, he liroke ahi I enteral a dwelling house of Tara-.Moai, aikl stole a imi therefrom. l'iie following jury w.i s empanelled Messrs J. J, Harker (foreman), M'm l\'lleiv, 11. J. Cornwall. 1!. Tippins. A. II Arnold, Thomas Sole, A. 11. Roberts, J t (t. Knssell, A. (lliaid. Harry LtVoney', Joseph 11. l'arker and A. S. ilassell. ill' Kerr prosecuted for tii;■ Crown ami .Mr C. 11. Weston defended. Mr Kc.-r, in lis opvu'ng remarks, traversed t ln* evidence to be k'iven, ami called native, Ilori Whataiui. who -aid he remembered attending the sale at Okaio on Xovenlher otli last. He had a bay gelding there tnat day, and aliou noon I:ed it up ill a fence under the pinei h.v 'iae ludel, willi a number of other horses. Went for it after dark, l.ut it M is not lliere. Afterwards saw ihe horse at Kli Taylors place at Okuhn, near lia-

liotu, he took it away with Taylor's permi-Sion. Ibid never given Hall'moml any authority to take the horse, which he valued at :CIU. To My Weston: Tied .he hor-e with a rope (produced). Heard of the horse's whereabouts two days after l.sing it. Taylor ''made no bones'' about letting witness take away the horse. Eli Taylor, of Oaonui, said that v>n =3tli November last he was returning to Oaonui from the Okato horse fair, leading a chestnut, pony, ami overtook the accused riding 011 a bay gelding. Accused said that had it been a good fair he would have oll'ereil the hor-e lie was riding, and asked what witness would take for the chestnut pony. Witness said lie would take C! 10s. The accused, who said the gelding was his own property, for which he had beeii offered £5, offered to exchange it for the chestnut, and the exchange was effected.

Took the horse to Oaonui. About a week after, the last witness came and claimed the horse, and witness gave him leave to take it away. To Mr Weston: The conversation took only a few minutes. Neither dismounted until the ileal had been made. Accused was riding without saddle or bridle. Remembered having remarked subsequently that he had made a good deal. Never got a letter from Hallmond, asking him to go and take the chestnut away. Authorised Harry Mart' to get the chestnut back from Hallmond. Re-examined:; The bay was Worth about £5. I

The next witness, a native named Tara Motu, gave cividence in connection with the other 'two counts. He had slept at his, boat-house on the beach at Werekino on 13th November, leaving early next morning for Okato. Locked the doors of the whare before leaving. There was about a foot clear space under the door, and a person could easily enter by that means. Blocked this opening with pieces of wood. There was a gun hanging on the wall. On returning from Okato he noticed footprints on the sand and in 'the shed, and that the gun had gone. The gun produced was iiis.

To Mr Weston: The gun was loaded at the time. It was worth £2. Ho missed nothing else from the wliare. William Kelly, constable stationed at Raliotu,, deposed to the arrest of the accused on 13th November on a charge of Irorse-steabng. 'the accused liad told him that oil 5tU November lie had found a horse on the road at Okato, and hail exchanged it for a chestnut horse belonging to Eli Taylor, whom he had met between Okato anil Punilio. Witness told him that he was also suspected of breaking ansl entering a whare. Accused denied the charge, but next day admitted having extracted the gun by means of a piece of hoop iron. He also stated he had hidden the gun in sonic shrub near the whare, and there the constable found it, the prisoner taking him to the place. a'o Mr Weston: Accuse.f made 1 no attempt to conceal the theft of the horse, but denied all knowledge of the gun. This closed the case for the prosecution.

Mr Weston opened for the defence and called the accused, why said he had been at the Okato horse fair, and oil his way home came aross a horse 011 the road-ide. lie mounted it and rode homeward. Taylor overtook him. Accused remarked tint Taylor was leading a 11 "ce chestnut, and offered to "swop" for the one he was riding, laylor did not ask if the horse was his own. They exchanged horse.; and Taylor went oil ahead. Could not rememIht saying he had been ollered AM 10s for it." Put the horse in the front paddock, and used it twice—once to go to church. Had no need for a horse. At the time he picked up the horse he had no intention of steal ug it or uf selling

llis Honor .-aid it was useless to t.i Ik ; of intention. 'the accused's intention , must be gathered from his acts. ( To Mr Western: ' Was only dialling ( Tavlor, but did not like to draw back . when lie had offered to exchange, lie- ] garding the gun, he had been going to , the beach for firewood, and, passing the j wliare had looked in to see if tlie boat , was there. Saw the gun and borrowed it, had a shot at a hare, intending then , to return the gun to its place, but, see- , ing someone coming, had hidden it. j When the constable mentioned the gun ( theft, he had connected it with this in- , eident at iirst, but when he di.l lie admitted his fault. The pawmts deposed that he , was a good boy, full of pranks and boy- ; isli jokes. . i Mr Weston, addressing the said | tlu'V had to decide on the the hoy s intentions, whether or not he had intended to steal the horse and the gun. 'Jnnte t bov made an oiler to exchange the horse that he had p eked up for a rule, but the offer was m fun. and he had not the pluck lo say, "So. 1 told you a lie; the horse is not mine/ 1 Taylor had jumped at the chance to make a good deal, and made oil' giving the boy time to re-i:onsidcr. Tile boy had no use for the horse, or for the chestnut, and made no concealment ot the Vitter He could not ask the. jury to believe HU.it .the boy was a criminal. On the second charge it was quite apparent, that he had no intent on o stealin" the gun. but was simply sca.red ui put back what he had borrowed without leave. , ~ , Mr Kerr did not address the toiut. ilis Honor, summing up, said the jury should keep the two matters i„ their mind.. With regard to K ..nil if the boy's story were tuie. that f„. had borrowed it to have a shot at ■i hare, then through a wrongful act, he tid not take the gun w.th the .mention , )f impropriating it to his own use. 1>V,S what a bov might do, alld the pi soner might be ae H uiUed of theft of the gun. If the. jury took that then thev eould not lind him gmlty f breaking and entering with mtent to ;„m„,,t". crime. The (irst count was ciiirelv different. The boy was lound 1 Of a horse, with a rope ri „„ul its neck, and ottered to give i. m evehan-'e for another, aiter savin;, that ;,: o wm-dit. nletcd and the convers-on of tin. pio ,Ttv taken showed lliat the accii-c I,d'intended to deprive the Maon o the us.- Mi illI»i»vtv wn«l IUYUf'I a 1«> uib «>\\M i ' t!M* ernue I'l sieond and* third count-: the lir.L count (horse--teal,ng) he would I,villi the jury. The jury returned a vei'din of pu.lt > on the m-st count, and no! guilt > on the second and thud w l 1 a 1 * commendation to probation. -SSSk" "* l ; Henry Walters, a young married .nan, WilS U ia wilfnliy intent ion'of offending 'on® Klizn ln'ili _ -u'liru* —■ The following jury wu-> ; ' Messrs K. f-. J Sadler. Waiter SoU. I'. «• Uwronw. \y liawlinson, .lohn liutliinnie, •li, ,„ms Hell, Henry Ileal, M <>«> v \ (iiddini!, Fred New,ill, William Hughes. .Mr (Joidng wa- chosen fore- | llliUl. llis Honor excluded ilie puMic fi'Oin the hearing, and all witnesses were ordered to leave the Court. Mr Kerr prosecuted, ami Mr Herbert appeared for the defence. JqJijl JBlakej -eDgtn'jer. on the ii I'r i~~i *7*

' South road, New .Plymouth, said thai he had, seen the accused naked in tlic back doorway of his house on ihe Pelt Jvojnl, looking m rite direction oi' wilne--. who went down at hi* w.fe'* to st'f this ihing. She had complained twice before. Ue v,i\v liirn on two occasions. the lirst on a We.lnesi day, ami the second on a Saturday, February Dili, The Wednesday was a very wet day, and the nuin could not lie taking a sun bath. A* soon as he saw witness, the accused drew back. 11c. was absolutely naked.To Mr L'ilzhevbert: It was impossible to see the man from witness' back door, but from the garden. He agreed that the summer had been oppressively hot, but it was not exceptionally hot on that morning. lie took no steps to warn the man, He "had an idea that the man was not <|iiiie and went i to the. pulice to have Iho luu-ance Mop j

-Mr KiUlierbert: \ uii Look 110 step to warn him? Witness: 1 might have got a smael al'l'oss the head, and 1 did not .waul that. Cross-examination continued: 1 sop pose your wife and family have gol o*.Yi ilrs insult'; I mean dd it do then any harm'/ Witness: Well, i put il to you You're a mairit'.l man. How would you like it? To Mr Kerr: Tile doorway was visible from two other hou-es. K'lizaUetli til,ike, wife of the pvevioawitness, gave evidence that she had seen a man standing absolutely nude in the back doorway of a cottage 011 Jiell road. There was nothing to prevent him from see'ng her. >She turned back, and illformed her son ami her husband. She saw him early ill llie afternoon of the . previous Sunday, in the name position and condition. The man must have [ heard her calling the ducks, but he did not move. She stayed by the creek, feeding the ducks, with her back for some time, in order to give him a cliancfi to get away. He did not go. The man would be able to see her all the time she was feeding the ducks. To Mr Kitzherbert: Could not sav if accused saw her, but there was nothing to prevent his doing so. ill I itzherbert: Did you to your husband to warn the young man' that he was being seen? \\ itness: No; 1 told liim to go and fetch the man out and put him in the creek, but he refused to lay hands on the man.

Miss Ulsiij Blake was Heing: called wneu Mr Fitzherbo!rt said' that- after hearing the evidence of these two he had advised the accused to plead guilty. His Honor said that was a very wise course to pursue.

'The accused then formally withdrew us plea of "not guilty," and pleaded guilty." Sir Fitzherbert askeJ if His Honor would hoar him as to probation. His Honor: AVcll, what, struck me was that the accused ought to be medically examined, A man who will stand naked in the open air at that time of day is either of so low a moral character that the Probation Aet cannot apply, or there is something wrong with his mental condition.

. -^ r I'itzhcrbert said that the proceedings would he a warning to the accused, who bore a very good character. His Honor said he would have to get the probationer ollicer's report, for"it seemed the man was not accountable for his actions, in orc'ier to allow a full report to be made he would not have the prisoner brought up again until Wednesday. Mr Fitzherbert asked that the accused be allowed out on bail as before. His Honor: Oh, 110, Mr Fitzherbert. 1 can t allow' a convicted prisoner out oh hail. 111 fact, pending the report 'of the probation officer, I am not sure that it is in the interests of public morality that he should be allowed out at all. It is a monstrous thing that women cannot go down i»to their own gardens without seeing a naked man. Mr Fitzherbert asked His Honor to ileal leniently with the accused. Porliaps this was a mania with the man. Honor: Well, in tliait case, fam right." He should not bo at liberty. Mr Fitzherbert said that lie hardly meant that, but ithat the accused hail not seen in li's action the same aiuouut of harm as it presented to others. In answer to 'the Judge, Mr Fitzherbert said the accused had deposited £2O with the Court, and had come up from Wellington for this trial. The accused was then taken into custody, to come before the Court again 011 Wednesday morning.

ALLtXilil) l-\fJlX'i:.\T ASSiAI'LT. David Jaine -, oj .Moi uroa. was eiiaryi.' i with attempting carnally tu i:now a little g;rl and with indecent assault upon her and her little bister. Counsel announced he was not ready tu proceed. Mr C. 11. WestuJi; solicitor ior Die defence, asked that the ease be set down for Tuesday, explaining that the Witnesses; being mostly working people, had not been summoned for that day. tie was (|uile unprepared to igo on.j, J lis Honor seemed anything but pleased and said couusel must bo ready to take the eases as called. He could not have the time oi the Court and public money

wasted in this manner. Mr Weston then retired to the telephone, ami the Court proceeded to call in the"prisoner and empanel the jury. This had just been completed when Mr T. S. Weston, senior counsel in the ca.se, took his place, and addressed his Honor, regretting the delay, and. stating thg impossibility of proceeding that day. He had no witnesses present, and the surveyors were out at Mdturoa now making a survey of the locality. JJ[ie only excuse was the financial position of the accused, who had been unable until that very morning 'to obtain the necessary iinance, and he, as counsel, had been unable, of eourM', to proceed. lie could hardly explain the amount of troublo and anxiety that this ease had caused hiin, and lie almost wished he had liol taken it in hand.

llis Honor recogniscjd illic )diir|culty vi 'the situation, ami allowed the hearing to stand over until after the Fontanels ease this inoi'iiiiiy, remarking Iliat lie (lid nol like to close any avenue by which tlie accused might defend liimscif, ami a'l Hie i-anie time protesting against the very serious loss of time which had occurred. Tlie jury discharged, and a fresh set of jurors will lie empanelled to hear the case,

I.N CIIAMISKKS. In the matter ol Law I'raetitioneis' Act. Mr Roy moved for the admission of -Mr dohn Cuiinai .Nicholson: Mr Ive -;- lor .Mr Mervwi l'anterson Wilson; and Mr Johnstone for Jlr John Ferguson Stamp, as solicitors of the Supreme Court, and these gentlemen were admitted. Probate was granted ill the will ot the hike John Donovan, of Kakaraniea, deceased (Mr (.luillianil for ISarnieoat and Treadwell, of Wnnganui), to Annie Donovon and Edward Denis Donovan, executors named in the will. Oil (lie application of Mr. (JuiHia i (llovett and Quilliam). probate of lh.> will of die htle .lames Carl wright Ceoigc was granted lo Reginald Harold '■coige ami Xewlon King', tlie e\«cuturs in the will named.

NAi'ijiii muxus. IVr Pre,s A-snciati''.:. Napier, ]Mjiri• 11 la. .Vi the Kiijtrtlim- (Juurl Jlij-dny, it lib 11 rand Jury returned true bills'in nil eases except I ho.-,e a gain-it TJiomas '>"> Ki """ -I.jlji, J Wrick McCarthy, both chary,-.! with indecent assault. Ail tuni .Mon I eeiuo louud yuitlv of ami was senlciiced to four months' imprisonment. M:chael Barry, who pleaded n„iilv l.» stealing from'a' dwelling, was remanded fur the report til.- probation „lli„-r. Iwi Knlli.-riu.-llangi Nacaii.li i'w. a native gu-1, pleaded ,l;![v 1u tlii'll aial was admitled Id probation for two year* oa tin- uiuli i - -lii' I'llti'lVil SI. liiHiii'. \\"i-iiinsii<JH. 11■ 11 11hiii n during lliat t <-rm. .lolui Mii.chell pleaded Kllilt.V HI S.' t | i ll'jr |i |'| • tu llis dwellillg.ll. Wairoa, lull on his behalf it was urg"d ilial thi' Inu'iiiiiLi' bail limi done ]n pursuance of a natiw rustoin to .leslrov Ili<- belongings of a departed relative, the mail's wife having just previouslv ilifd in I lie house. No claim for insurance money had boi it lnaili- in l-uiiucc--1 ion with the tiro, though the house had boon insured. The accused was oldercd to come up for sentence v.lien called upon. Takopa Kimahanga, a nat've charged with -evei'al ofl'enees, including horse-stealing, was convicted ami sentnceil to two years'. Leonard K-isioii was convicted of h ghwny robbery, an-l sentenced to three years'. 'l'eoteiie Tipu, a -Maori, pleaded guilty to horsestealing, aiwl was sentonml -to mi months', Joseph Borlaec pleaded jrnlltv, and received a sentence of nine months' for stealing from the person. Philip O'Brien pleaded guilty to assault and robbery, and was sentenced to six